Children (Education and Care Services) Supplementary Provisions Act 2011 (NSW)

Children (Education and Care Services) Supplementary Provisions Act 2011 No 70

An Act to regulate the provision of certain children's education and care services; to align the regulation of those services with the Children (Education and Care Services) National Law (NSW); and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Children (Education and Care Services) Supplementary Provisions Act 2011.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Definitions (1) In this Act: approved education and care service means a State regulated education and care service for which a service approval exists. approved provider means: (a) a person who holds a provider approval granted under the National Law Alignment Provisions, or (b) a person who is taken to be an approved provider under Division 3 of Part 4. education and care service—see section 4. exempt premises—see section 5. mobile education and care service—see section 4. National Law means the Children (Education and Care Services) National Law (NSW). National Law Alignment Provisions—see section 17. occasional education and care service—see section 4. provider approval means a provider approval under the National Law Alignment Provisions. Regulatory Authority means the Regulatory Authority for this jurisdiction within the meaning of the National Law. service approval means a service approval under the National Law Alignment Provisions. State regulated education and care service—see section 4. (2) Notes included in this Act do not form part of this Act.

4 Meaning of "State regulated education and care service" (1) For the purposes of this Act, each of the following is a State regulated education and care service: (a) a mobile education and care service, being an education and care service that visits specific premises, areas or places at specified times for the purpose of providing the care, (b) an occasional education and care service, being an education and care service that is provided at fixed premises (other than the home of the approved provider of the service) primarily on an ad hoc or casual basis and that does not usually offer full-time or all day education and care to children on an ongoing basis. (2) An education and care service is a service that provides education or care (other than residential care), or both education and care, whether directly or indirectly, for one or more children under the age of 6 years and who do not ordinarily attend school (disregarding any children who are related to the person providing the care). (3) However, a State regulated education and care service does not include any of the following: (a) a service that is an education and care service within the meaning of the National Law (disregarding this Act), (b) a service provided by a designated agency within the meaning of the Children and Young Persons (Care and Protection) Act 1998, (c) a babysitting, playgroup or child-minding service that is organised informally by the parents of the children concerned, (d) a service provided for fewer than 5 children (disregarding any children who are related to the person providing the service) at the premises at which at least one of the children resides, being a service that is not advertised, (e) a service involving medical or clinical care provided by a hospital, (f) a regular child-minding service: (i) that is provided in connection with a hospital, health service or a recreational or commercial facility, and (ii) that is provided by or on behalf of the person conducting the hospital, health service or recreational or commercial facility, and (iii) that is provided to care for children only: (A) while a sibling of the child being cared for is being treated at the hospital or health service, or (B) while the children's parents or authorised carers are visiting or being treated at the hospital or health service or are using the recreational or commercial facility, (g) a service principally conducted to provide instruction in a particular activity,